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The Raelian Movement
for those who are not afraid of the future : http://www.rael.org
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http://www.nytimes.com/2010/10/30/business/30drug.html?_r=1&nl=&emc=a25
U.S. Says Genes Should Not Be Eligible for Patents
By ANDREW POLLACK
Published: October 29, 2010
Reversing a longstanding policy, the federal government said on Friday that human and other genes should not be eligible for patents because they are part of nature. The new position could have a huge impact on medicine and on the biotechnology industry.
The new position was declared in a friend-of-the-court brief filed by the Department of Justice late Friday in a case involving two human genes linked to breast and ovarian cancer.
"We acknowledge that this conclusion is contrary to the longstanding practice of the Patent and Trademark Office, as well as the practice of the National Institutes of Health and other government agencies that have in the past sought and obtained patents for isolated genomic DNA," the brief said.
It is not clear if the position in the legal brief, which appears to have been the result of discussions among various government agencies, will be put into effect by the Patent Office.
If it were, it is likely to draw protests from some biotechnology companies that say such patents are vital to the development of diagnostic tests, drugs and the emerging field of personalized medicine, in which drugs are tailored for individual patients based on their genes.
"It's major when the United States, in a filing, reverses decades of policies on an issue that everyone has been focused on for so long," said Edward Reines, a patent attorney who represents biotechnology companies.
The issue of gene patents has long been a controversial and emotional one. Opponents say that genes are products of nature, not inventions, and should be the common heritage of mankind. They say that locking up basic genetic information in patents actually impedes medical progress. Proponents say genes isolated from the body are chemicals that are different from those found in the body and therefore are eligible for patents.
The Patent and Trademark Office has sided with the proponents and has issued thousands of patents on genes of various organisms, including on an estimated 20 percent of human genes.
But in its brief, the government said it now believed that the mere isolation of a gene, without further alteration or manipulation, does not change its nature.
"The chemical structure of native human genes is a product of nature, and it is no less a product of nature when that structure is `isolated' from its natural environment than are cotton fibers that have been separated from cotton seeds or coal that has been extracted from the earth," the brief said.
However, the government suggested such a change would have limited impact on the biotechnology industry because man-made manipulations of DNA, like methods to create genetically modified crops or gene therapies, could still be patented. Dr. James P. Evans, a professor of genetics and medicine at the University of North Carolina, who headed a government advisory task force on gene patents, called the government's brief "a bit of a landmark, kind of a line in the sand."
He said that although gene patents had been issued for decades, the patentability of genes had never been examined in court.
That changed when the American Civil Liberties Union and the Public Patent Foundation organized various individuals, medical researchers and societies to file a lawsuit challenging patents held by Myriad Genetics and the University of Utah Research Foundation. The patents cover two genes, BRCA1 and BRCA2, and the over $3,000 analysis Myriad performs on the genes to see if women carry mutations that predispose them to breast and ovarian cancers.
In a surprise ruling in March, Judge Robert W. Sweet of the United States District Court in Manhattan ruled the patents invalid. He said that genes were important for the information they convey, and in that sense, an isolated gene was not really different from a gene in the body. The government said that that ruling prompted it to re-evaluate its policy.
Myriad and the University of Utah have appealed.
Saying that the questions in the case were "of great importance to the national economy, to medical science and to the public health," the Justice Department filed an amicus brief that sided with neither party. While the government took the plaintiffs' side on the issue of isolated DNA, it sided with Myriad on patentability of manipulated DNA.
Myriad and the plaintiffs did not comment on the government's brief by deadline for this article.
Mr. Reines, the attorney, who is with the firm of Weil Gotshal & Manges and is not involved in the main part of the Myriad case, said he thought the Patent Office opposed the new position but was overruled by other agencies. A hint is that no lawyer from the Patent Office was listed on the brief.
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WARNING FROM RAEL: For those who don't use their intelligence at its full
capacity, the label "selected by RAEL" on some articles does not mean that I
agree with their content or support it. "Selected by RAEL" means that I believe
it is important for the people of this planet to know about what people think or
do, even when what they think or do is completely stupid and against our
philosophy. When I selected articles in the past about stupid Christian
fundamentalists in America praying for rain, I am sure no Rael-Science reader
was stupid enough to believe that I was supporting praying to change the
weather. So, when I select articles which are in favor of drugs, anti-semitic,
anti-Jewish, racist, revisionist, or inciting hatred against any group or
religion, or any other stupid article, it does not mean that I support them. It
just means that it is important for all human beings to know about them. Common
sense, which is usually very good among our readers, is good enough to
understand that. When, like in the recent articles on drug decriminalization, it
is necessary to make it clearer, I add a comment, which in this case was very
clear: I support decriminalizing all drugs, as it is stupid to throw depressed
and sad people (as only depressed and sad people use drugs) in prison and ruin
their life with a criminal record. That does not mean that there is any change
to the Message which says clearly that we must not use any drug except for
medical purposes. The same applies to the freedom of expression which must be
absolute. That does not mean again of course that I agree with anti-Jews,
antisemites, racists of any kind or anti-Raelians. But by knowing your enemies
or the enemies of your values, you are better equipped to fight them. With love
and respect of course, and with the wonderful sentence of the French philosopher
Voltaire in mind: "I disapprove of what you say, but I will defend to the death
your right to say it".
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"Ethics" is simply a last-gasp attempt by deist conservatives and
orthodox dogmatics to keep humanity in ignorance and obscurantism,
through the well tried fermentation of fear, the fear of science and
new technologies.
There is nothing glorious about what our ancestors call history,
it is simply a succession of mistakes, intolerances and violations.
On the contrary, let us embrace Science and the new technologies
unfettered, for it is these which will liberate mankind from the
myth of god, and free us from our age old fears, from disease,
death and the sweat of labour.
Rael
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1 comments:
There is a new free reference manager and academic social network called Mendeley that has just been developed. Might be useful to you. http://www.americanbiotechnologist.com/blog/mendeley/
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